Legislature(2009 - 2010)BUTROVICH 205

03/29/2010 03:30 PM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 245 SALMON PRODUCT DEVELOP. TAX CREDIT TELECONFERENCED
Heard & Held
*+ SB 255 FISH PROCESSOR FEES, LICENSES, RECORDS TELECONFERENCED
Heard & Held
+ HB 162 SOUTHEAST STATE FOREST TELECONFERENCED
Heard & Held
= SB 143 RAILBELT ENERGY & TRANSMISSION CORP.
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 143-RAILBELT ENERGY & TRANSMISSION CORP.                                                                       
                                                                                                                                
3:34:44 PM                                                                                                                    
CO-CHAIR   WIELECHOWSKI   announced  SB   143   to   be  up   for                                                               
consideration. He said  they would focus on the issue  of how the                                                               
new Greater Railbelt Energy  and Transmission Corporation (GRETC)                                                               
entity would be regulated by  the Regulatory Commission of Alaska                                                               
(RCA).                                                                                                                          
                                                                                                                                
3:35:02 PM                                                                                                                    
MARK JOHNSON, General Counsel,  Chugach Electric Association, and                                                               
staff to the Joint Utility Task  Force as well as former chair of                                                               
the RCA,  said the task  force does not support  GRETC regulation                                                               
by the  RCA, but they have  agreed with the Governor's  Office to                                                               
accept RCA regulation  for five years. GRETC,  like the utilities                                                               
that will provide  the governance for it, will operate  on a not-                                                               
for-profit  basis to  serve  their member  owners  at the  lowest                                                               
reasonable cost. GRETC is founded  on the Bradley Lake model that                                                               
has worked well  for 20 years; its books and  operations are open                                                               
to the public  and audits are performed annually.  "If you follow                                                               
the Bradley Lake model, regulation is unnecessary," he said.                                                                    
                                                                                                                                
The  governance  of  the  boards  and  the  board  of  GRETC  are                                                               
democratically  elected   with  one   member  appointed   by  the                                                               
governor. Mr. Johnson  said this makes GRETC  very different than                                                               
a for-profit  utility and it  is important  to keep this  in mind                                                               
throughout the discussion on regulation.                                                                                        
                                                                                                                                
MR. JOHNSON said that Chugach does  not believe GRETC needs to be                                                               
rate regulated,  because nationally  Chugach finds itself  as the                                                               
only generation and transmission  (G&T) cooperative that accesses                                                               
the  public  markets for  all  of  its  financing needs  that  is                                                               
regulated. Financers  have told  them they are  concerned because                                                               
this increases risk  in financing. They do not want  to see GRETC                                                               
affected by the same risk.                                                                                                      
                                                                                                                                
He related  that the state,  through the just  completed Regional                                                               
Integrated Resource  Plan (IRP), has  looked into the  future and                                                               
analyzed what  energy and transmission are  required by comparing                                                               
customer  needs with  what  is available,  and  further what  new                                                               
resources, power supply and conservation  measures can be brought                                                               
to bear on  those needs. One of the greatest  threats to consumer                                                               
interest  is  when  utilities  make   large  scale  decisions  on                                                               
investment without  a transparent  and public  process. Currently                                                               
the  IRP  has  substantially  advanced  transparency  and  public                                                               
process. If a utility or GRETC is  going to follow the IRP in the                                                               
development  of   a  particular   project,  that  project   is  a                                                               
presumptively  prudent  and  necessary  investment  decision.  It                                                               
doesn't need additional regulatory review.                                                                                      
                                                                                                                                
He asked  the It appears now  there are some pretty  well defined                                                               
regulatory goals.                                                                                                               
                                                                                                                                
3:38:29 PM                                                                                                                    
MR. JOHNSON said the committee  to consider regulatory goals in a                                                               
broader context  and referred  them to  slide 3  that illustrated                                                               
how   regulatory   goals   are  addressed   through   the   GRETC                                                               
legislation. One  of the top  ones was to protect  consumers; and                                                               
the people who will govern and  receive the services of GRETC are                                                               
the  consumers.  They  will  buy  the energy  and  will  have  an                                                               
enormous interest  in making sure  that electricity  and services                                                               
are reasonably priced and best serve consumers.                                                                                 
                                                                                                                                
3:39:22 PM                                                                                                                    
SENATOR STEDMAN joined the committee.                                                                                           
                                                                                                                                
3:40:32 PM                                                                                                                    
MR. JOHNSON  said other  more specific  goals of  regulation were                                                               
taken  from   a  treatise  called   "The  Regulation   of  Public                                                               
Utilities"  by  Charles  Phillips.  One  is  that  regulation  is                                                               
intended to  prevent monopoly  prices. In the  case of  GRETC the                                                               
entities  that  would  be  GRETC's   customers  also  have  other                                                               
options. They  are not limited  to a monopoly provider  in GERTC;                                                               
they  can choose  to  self-generate electricity  or  buy it  from                                                               
IPPs.                                                                                                                           
                                                                                                                                
Another  goal  is  an  effort   to  contain  and  define  utility                                                               
investments. GRETC will act in  compliance with the IRP plan, and                                                               
the directors that sit on the  board have no interest (since they                                                               
are the consumers)  in overinvestment. They want  the best prices                                                               
for  the companies  that are  going to  buy energy.  He said  the                                                               
lenders  also have  a very  strong interest  in a  right size  of                                                               
utility plant and services.                                                                                                     
                                                                                                                                
3:41:45 PM                                                                                                                    
Along with  the regulatory  goal of insuring  the lowest  cost to                                                               
consumers, Mr. Johnson said, it's  important to remember that the                                                               
generation  of  electricity is  one  of  the few  industries  and                                                               
circumstances  where  you actually  have  economies  of scale  in                                                               
production. Consumers  benefit from  large projects  because they                                                               
reduce  overall costs  to them,  and that  is one  of the  market                                                               
characteristics that exists in the case of electric generation.                                                                 
                                                                                                                                
MR. JOHNSON  said the  GRETC utilities have  no interest  in high                                                               
operating costs. When  it comes to capital  investment, GRETC has                                                               
a superior risk  profile for investors and  will, therefore, have                                                               
greater access to  capital. So, they believe GRETC  is a superior                                                               
arrangement  in terms  of insuring  low overall  capital cost  to                                                               
consumers.                                                                                                                      
                                                                                                                                
As it relates  to certain consumer protection  issues, whether or                                                               
not consumers  are being  fairly treated in  the market  place by                                                               
providers,  Mr.  Johnson  said,   GRETC  will  not  serve  retail                                                               
customers;  the customers  are at  the wholesale  level with  the                                                               
large electric utilities. So, those  concerns do not arise in its                                                               
case.                                                                                                                           
                                                                                                                                
He   stated   that   this   legislation   also   addresses   rate                                                               
discrimination and that some  utilities feared making investments                                                               
they could  not recover and wanted  to be regulated. In  the case                                                               
of GRETC, they seek to define  very clearly how rate making would                                                               
take place. Another issue is  market failure, and that boils down                                                               
to  whether  or not  a  utility  is  required to  insure  service                                                               
availability to various customers.  Once again, GRETC has insured                                                               
statutorily   that   it   will  coordinate   the   functions   of                                                               
transmission to  distribute electricity throughout  the Railbelt.                                                               
Also  in  the category  of  market  failure  is the  question  of                                                               
preventing duplicate  facilities. If GRETC is  complying with the                                                               
IRP process,  it will have  a very exceptional ability  to insure                                                               
that  they  have  appropriate  facilities   that  serve  all  the                                                               
potential consumers of the energy produced by the utility.                                                                      
                                                                                                                                
Finally, Mr.  Johnson said, the  legislation addresses  two other                                                               
potential  regulatory  goals  -  the environment  and  safety  by                                                               
providing for  the legislature  to enact  whatever state  laws it                                                               
thought appropriate in addressing those issues.                                                                                 
                                                                                                                                
3:44:47 PM                                                                                                                    
MR.  JOHNSON said  one  of  the goals  over  the years  regarding                                                               
utility regulation  is to promote economic  development, a matter                                                               
of great interest to  him when he was on the RCA.  In the case of                                                               
the  GRETC  legislation,  it is  conceived  to  promote  economic                                                               
prosperity and to  provide low cost energy. They believe  it is a                                                               
superior  model. To  sum up,  he  said, they  believe this  GRETC                                                               
legislation  adequately  addresses  all  the  goals  has  see  no                                                               
compelling need for closely crafted economic regulation.                                                                        
                                                                                                                                
MR. JOHNSON said in his  opinion the legislation has been crafted                                                               
to provide  a good  framework for GRETC  to move  forward without                                                               
regulation. He said regulation is a  red flag issue when it comes                                                               
to obtaining  low cost  financing; and  the dangers  of obtaining                                                               
fuel  supplies   under  regulation  are  well   known.  Also,  he                                                               
mentioned a  significant risk in inconsistent  application of the                                                               
regulations.  Because   statutes  rarely  provide  the   kind  of                                                               
guidance that one  would like to have,  that unfortunately raises                                                               
the  prospect  that  regulators, however  well-intentioned,  will                                                               
reach for  solutions that aren't  necessarily good ones.  This is                                                               
not  a  good risk  to  take  and  it  won't produce  benefits  to                                                               
consumers. Again,  he said, they believe  the classic formulation                                                               
of regulatory goals is addressed by this legislation.                                                                           
                                                                                                                                
3:49:09 PM                                                                                                                    
SENATOR  FRENCH asked  if anything  in the  bill forces  GRETC to                                                               
follow the  IRP in  the development  of a project  or is  that an                                                               
option  - in  referenced to  Mr.  Johnson's testimony  that if  a                                                               
utility or GRETC is willing to  follow the IRP in the development                                                               
of a particular project, that  project is a presumptively prudent                                                               
and  necessary   investment  decision   and  it  does   not  need                                                               
additional regulatory review.                                                                                                   
                                                                                                                                
MR. JOHNSON  answered that  language on page  12 says  that GRETC                                                               
will adopt an IRP and follow it.                                                                                                
                                                                                                                                
3:50:33 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI  thanked Mr. Johnson for  his testimony and                                                               
held the  bill. He then  announced an at  ease from 3:50  to 3:52                                                               
p.m.                                                                                                                            
                                                                                                                                
3:52:00 PM                                                                                                                    
          SB 143-RAILBELT ENERGY & TRANSMISSION CORP.                                                                       
                                                                                                                                
CO-CHAIR  WIELECHOWSKI announced  SB 143  to be  back before  the                                                               
committee.  He asked  Mr. Pickett  to  give his  thoughts on  the                                                               
bill.                                                                                                                           
                                                                                                                                
BOB  PICKETT, Chairman,  Regulatory Commission  of Alaska  (RCA),                                                               
said  he was  referring  to work  draft version  S  and that  the                                                               
legislative intent in section on page  2, starting on line 2, was                                                               
very  critical in  this matter.  It  provides the  basis for  the                                                               
interim five-year period  that the RCA is being  asked to provide                                                               
some sort of regulatory function.                                                                                               
                                                                                                                                
He said that "In setting or  reviewing rates" language on page 2,                                                               
line 27  was confusing,  and explained  that generally  a utility                                                               
sets or  changes its  rates, files the  tariff revision  and then                                                               
the  commission  investigates  and either  approves  or  modifies                                                               
those revisions.  He asked in  what context the  Commission would                                                               
actually review rates  without setting them. Moving  on to "rates                                                               
for"  he  said  generally  the Commission  sets  rates  "of"  the                                                               
utility and he wanted to know if something different was meant.                                                                 
                                                                                                                                
4:11:08 PM                                                                                                                    
Line  28 said  "The Commission  may not  disallow in  traditional                                                               
rate making  that focuses on  the end result just  and reasonable                                                               
rates." It has none of  the intermediate steps of determining the                                                               
revenue  requirements,  rate of  return  or  rate base,  and  Mr.                                                               
Pickett wondered how  this would be reviewed by  the courts. Will                                                               
just  and reasonable  rates  at the  end of  the  process be  the                                                               
source of the inquiry or will  the rate making process now become                                                               
a mechanical application of some formula to the component parts?                                                                
                                                                                                                                
Towards  the  end  of  line  28   in  "a  rate  base  or  revenue                                                               
requirement" he  wondered why "a"  is used. Will GRETC  have more                                                               
than one  each? It's  unclear. The subsection  does apply  to the                                                               
GRETC so the  requirements are addressed to a single  entity at a                                                               
time.                                                                                                                           
                                                                                                                                
4:12:05 PM                                                                                                                    
Going down to the line  that has "amounts necessarily reasonable"                                                               
he  asked by  what standard  "reasonable" would  be measured.  He                                                               
said this  is a  new concept  and asked  how will  the Commission                                                               
would  know what  a reasonable  amount is  when it  is presented.                                                               
What evidence  should be produced  to support the  proposition or                                                               
is  it sufficient  for the  management to  just assert  that it's                                                               
reasonable?                                                                                                                     
                                                                                                                                
On lines  29-30 "for  the corporation to  fund a  cost reasonably                                                               
anticipated"  Mr. Pickett  asked if  costs that  were anticipated                                                               
but never  incurred would be  subject to repayment  to ratepayers                                                               
and if costs that are  anticipated and incurred but never benefit                                                               
ratepayers  ever removed  from rate  base. How  do you  calculate                                                               
depreciation or amortization of an  anticipated cost? To become a                                                               
just and  reasonable cost  (line 30) -  he said  costs themselves                                                               
are not  generally evaluated as  "just and reasonable"  except in                                                               
the aggregate when  the rates themselves are  reviewed. The usual                                                               
method of evaluating operating costs  is whether they are related                                                               
to the provision of public utility  service and in an amount that                                                               
is not excessive. The usual  method of evaluating capital related                                                               
costs is whether  the investment is used and useful  in an amount                                                               
that is prudently incurred.                                                                                                     
                                                                                                                                
4:13:28 PM                                                                                                                    
On page  2, line 31 through  page 3, lines  1 and 2, he  asked if                                                               
"including costs for the repair,  replacement and retirement of a                                                               
project owned  and operated  by the  corporation" meant  they can                                                               
recover future  capital replacement cost  of an asset  they don't                                                               
own. And if so, based on what theory?                                                                                           
                                                                                                                                
He asked  if the language  on page 3,  lines 3 and  4" "including                                                               
costs  to permit  the corporation  to build  reasonably necessary                                                               
equity  for  future  operations"  is  an  attempt  to  allow  the                                                               
corporation to  derive a  desired profit number  and kind  of set                                                               
the rates to  achieve that target. He explained  that usually the                                                               
attraction  and accumulation  of equity  is  not a  cost; it's  a                                                               
capital transaction or the product of profitable operations.                                                                    
                                                                                                                                
He  also  questioned  using the  conjunctive  "and"  in  language                                                               
saying  "including  costs  by the  corporation  and  incurred  to                                                               
permit". Do both conditions  have to be met or is  it just a list                                                               
of  non-exclusive  costs  that  can  be  passed  through  to  the                                                               
ratepayers?                                                                                                                     
                                                                                                                                
MR. PICKETT said  a number of policy and  technical questions had                                                               
arisen.  An underlying  policy  assumption  that auditing  equals                                                               
regulation, but the Commission has  not taken a position on that,                                                               
and he said, "I think nothing could be further from the truth."                                                                 
                                                                                                                                
Also, he  said language on  page 13, lines 28-31,  references the                                                               
corporation  issuing equity  and debt.  How is  it proposed  that                                                               
GRETC will issue equity? He was  under the impression GRETC was a                                                               
not-for-profit, and  was this a  contribution on the part  of the                                                               
members?                                                                                                                        
                                                                                                                                
MR. PICKETT said  he had other questions. Bradley  Lake has often                                                               
been  sighted   as  an   example  of   a  project   that  clearly                                                               
demonstrates there is no need  for regulatory oversight of GRETC.                                                               
It  is fair  to raise  the  example of  Healy clean  coal and  if                                                               
deregulation  is a  de facto  main goal  of GRETC,  that decision                                                               
should be  transparent and  out in the  open with  the ratepayers                                                               
well aware of what is going  on. Currently in AS 42.05.711(h) and                                                               
AS  42.05.712  there  are clear  provisions  for  deregulation  -                                                               
elections. He said the Commission would  be taking this up at 9am                                                               
on Wednesday.                                                                                                                   
                                                                                                                                
4:16:50 PM                                                                                                                    
SENATOR FRENCH said  if the Bradley Lake model  is so successful,                                                               
why is  that not a  good example to  look at in  considering this                                                               
bill.                                                                                                                           
                                                                                                                                
MR.  PICKETT replied  that  it  is a  successful  example of  the                                                               
public private partnership,  but it is important to  keep in mind                                                               
that it produces  a very small percent of  the overall electrical                                                               
generation  capacity of  the Railbelt.  Comments last  week about                                                               
one of  the major changes  in this  version of GRETC  versus what                                                               
was  originally  presented to  the  legislature  is  a bit  of  a                                                               
softening of its monopolistic posture  that perhaps it had in the                                                               
earlier  version. The  individual utilities  could choose  to opt                                                               
out for instance.                                                                                                               
                                                                                                                                
MR. PICKETT  stated that it  is also fair  to say that  this bill                                                               
has  positioned GRETC  as being  the primary  recipient of  state                                                               
funds, and  there are  good public policy  reasons for  that. Mr.                                                               
Johnson raised  the concern  of the capital  markets, and  at its                                                               
inception GRETC  will have minimal  assets. The key  and critical                                                               
element is  going to  be how  it will  generate equity.  Will the                                                               
legislature have to  fund it or will there be  riders to build up                                                               
equity from the respective  member cooperatives and participating                                                               
utilities to  prefund capital projects? Those  are good questions                                                               
and in  the end that will  be what will shape  GRETC's ability to                                                               
attract capital.                                                                                                                
                                                                                                                                
CO-CHAIR  WIELECHOWSKI  asked his  views  on  sunsetting the  RCA                                                               
review after five years.                                                                                                        
                                                                                                                                
MR. PICKETT answered that he is  a skeptic and believes in checks                                                               
and balances  for federal and  state government. He  didn't think                                                               
that auditing  was an  adequate proxy  for regulation.  There are                                                               
models  that address  rather unique  situations which  GRETC will                                                               
present such  as the area  of capital project surcharges  and the                                                               
use of operating ratios rather  than rate of return for utilities                                                               
that are essentially  startups or that have  contributed plant or                                                               
are  fully   depreciated,  simplified  rate  making   rules,  and                                                               
adjustment clauses for fuel and purchase power costs.                                                                           
                                                                                                                                
CO-CHAIR  WIELECHOWSKI said  he had  given  them a  lot to  think                                                               
about and  it is obvious  that the  bill has some  questions that                                                               
still need to be answered and it would not move today.                                                                          
                                                                                                                                
SENATOR STEDMAN commented that this  bill came into the body late                                                               
in the session it and should be  set aside and worked on over the                                                               
interim.                                                                                                                        
                                                                                                                                
CO-CHAIR WIELECHOWSKI agreed.                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
SB 245 - Bill Packet.pdf SRES 3/29/2010 3:30:00 PM
SB 245
SB 255 - Bill Packet.pdf SRES 3/29/2010 3:30:00 PM
SB 255
HB 162 - Bill Packet.pdf SRES 3/29/2010 3:30:00 PM
HB 162
GRETC - Joint Utility Task Force.pdf SRES 3/29/2010 3:30:00 PM